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2021 (4) TMI 898

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..... y ought to be restored. The Registrar of companies, Chennai, the respondent herein, is ordered to restore the original status of the Applicant Company i.e. M/s. Guru Guberan Chits Private Limited as if the name of the company has not been struck off from the Register of Companies with resultant and consequential actions like changing status of Company from strike off to Active - Application allowed. - CA/337/2020 - - - Dated:- 8-4-2021 - R. Sucharitha, Member (J) And B. Anil Kumar, Member (T) For the Appellant : Sandeep Kumar, Advocate For the Respondents : K. Nikhil, AROC ORDER R. Sucharitha, Member (J) 1. This is a Company Application 337/2020 filed under Section 252(1) of the Companies Act, 2013 (hereina .....

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..... g the status of dormant company under Section 455. Hence, the Respondent initiated action under Section 248 of the Companies Act, 2013 for striking off the name of the Company from the Register of Companies and was published in the Gazette of India dated 9th-15th November, 2019 at page No. 6244 under S. No. 1121. 3. The Applicant states that for the purpose of restoration of its name in the register as maintained by RoC, the Applicant is relying on the ground that the Applicant Company as on date is carrying on the business for which it was incorporated and it is in operation and in the circumstances, it is just that the name of the Company should be restored on the register of RoC as maintained by the Respondent. In order to sustain the .....

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..... of Companies. While submitting the above facts, the Registrar of Companies has stated that the Applicant Company may be directed to prove that it was carrying on business or was in operation and also be directed to file all pending Financial Statements and Annual Returns in case restoration is granted. 5. Heard. Perused pleadings and documents filed in support of the contentions of both parties. It has been brought to the notice of this Tribunal that the applicant has not complied with filing of balance sheets and other statutory returns before the RoC. The Struck off Company is engaged in chit fund business. The cross-section of society is involved in the business considering the welfare of the chit fund deposits it is inevitable, that .....

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